Re R. (Abduction: Habitual Residence) [2003] EWHC 1968
Habitual Residence – Art. 3 The issue before the Court was where was the child habitually resident in March 2003. If there was to be a wrongful retention that child had to be habitually resident in Germany. There was significant dispute between the parents as to the nature of their stay in Germany. It was […]
11 UF 121/03, Oberlandesgericht Hamm
Rights of Custody – Art. 3 Actual Exercise Under English law, the law of the children’s State of habitual residence, the father held rights of custody, including the right to determine the children’s place of residence. The Court found that the father continued to exercise this right after his separation from the mother. It ruled […]
Paradis v. Germany, Requ?te n?4783/03
Les trois enfants en cause ?taient n?s au Canada d’une m?re allemande et d’un p?re canadien. Apr?s trois ans de vie maritale, la m?re emmena ses trois enfants et leur demi-sœur issue d’un premier lit, dans un refuge pour femmes en difficult?. Le m?me mois, en f?vrier 1997, le p?re obtint la garde provisoire de […]
Oberlandesgericht Karlsruhe, 2 UF 115/02, 15 November 2002
L’enfant, un gar?on, ?tait n? en octobre 1998. Il ?tait ?g? de 3 ans 1/4 ? la date du non-retour dont le caract?re illicite ?tait all?gu?. Le p?re mexicain et la m?re allemande avaient v?cu au Mexique jusque dans les derniers mois de la grossesse, mais l’enfant ?tait n? en Allemagne. La paternit? de l’enfant […]
Re S. (A Child: Abduction) [2002] EWCA Civ 1941, [2003] 1 FLR 1008
The child, a boy, was 7 at the date of the alleged wrongful retention. He was born in Germany and had German nationality. The mother was German and the father was Welsh. They had married in September 1996 and were divorced in August 1998. On 15 February 1999 the mother was awarded residence and the […]
Cour d’appel de Luxembourg, 30 octobre 2002, No de r?le 26941
L’affaire concernait un enfant n? en 1998. Depuis la s?paration des parents le 26 avril 2002, l’enfant ?tait all? au Luxembourg avec sa m?re o? il ?tait retenu illicitement depuis qu’un tribunal allemand avait ordonn? le 11 juillet 2002 le retour de l’enfant pr?s du p?re, en Allemagne. Le p?re demanda le retour. Le 5 […]
P. v. P.
The children, two girls, were aged 7 and almost 3, at the date of the alleged wrongful retention. The children and mother are German nationals. The parents married in June 1991 in Germany. The parties had lived in Australia for a period of time but returned to Germany in September/October 1998. On 17 June 2001, […]
Tribunal for Children, Palermo, 28 March 2002, Case No. 8/2002 Civ. Reg. gen. – N. 1596 Reg. Cron.
Rights of Custody – Art. 3 The court ruled that the removal of the child had violated the mother’s exclusive right to decide the chld’s residence, a right which had been recognized by the Court of Heilbronn. Grave Risk – Art. 13(1)(b) The court ruled, on the evidence before it, that the child would not […]
Oberlandesgericht Dresden, 10 UF 753/01, 21 January 2002
The child, a girl, was 10 years old at the date of alleged wrongful removal. Prior to the removal she had lived in Florida with her mother. In March 2001 the parents entered into an agreement whereby the mother would have primary care of the child, the father generous visitation rights. In addition both parents […]
Tribunal for Children, Rome, 25 January 2002, Case No. 538/02.
The child, a girl, was 13 years old at the date of the application. The father claimed that the child’s mother prevented him from exercising his rights of access. The mother maintained however that the father had ceased coming to Italy to see the girl. This had stemmed from an incident in which the girl […]